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IN RE PADGETT

BAP No. KS-08-069. Bankr.No. 07-41284.

408 B.R. 374 (2009)

In re Timothy John PADGETT and Tracie Arlene Padgett, Debtors. Americredit Financial Services, Inc., Appellant, v. Timothy John Padgett and Tracie Arlene Padgett, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

July 20, 2009.

Attorney(s) appearing for the Case

Marilyn J. Washburn of RiezmanBerger, P.C., St. Louis, MO, for Appellant.

Joseph I. Wittman, Topeka, KS, for Appellees.

Patricia E. Hamilton of Henson, Hutton, Mudrick & Gragson, LLP, Topeka, KS, filed an amicus brief for the Kansas Bankers Association in support of Appellant.

Before MICHAEL, BROWN, and STARZYNSKI, Bankruptcy Judges.

OPINION

MICHAEL, Bankruptcy Judge.

Creditor AmeriCredit Financial Services, Inc. ("AmeriCredit") appeals the bankruptcy court's order confirming the Chapter 13 plan of Timothy John Padgett and Tracie Arlene Padgett ("Debtors"). AmeriCredit asserts that the bankruptcy court erred when it allowed Debtors to bifurcate and cram down its 910 vehicle claim under 11 U.S.C. §§ 506 & 1325(a)(5), notwithstanding...

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